Terms of Service

Last updated on: June 7, 2018

By signing up for the anaZana services or any of the services of anaZana Inc. or its partners (“anaZana”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by anaZana under the Terms of Service include various products and services to help you promote and sell goods and services to buyers, whether online (“Online Services”), in person, or both. Any such services offered by anaZana are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.anazana.com/us/terms-of-use. anaZana reserves the right to update and change the Terms of Service by posting updates and changes to the anaZana website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including anaZana’s Privacy Policy before you may become a anaZana user.

​Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using anaZana or any anaZana services, you are agreeing to these terms. Be sure to occasionally check back for updates.

​1. Account Terms

1.1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

1.2. To access and use the Services, you must register for a anaZana account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. anaZana may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.

​1.3. You acknowledge that anaZana will use the email address you provide as the primary method for communication.

1.4. You are responsible for keeping your password secure. anaZana cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.

1.5. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

1.6. ​A breach or violation of any term in the Terms of Service, as determined in the sole discretion of anaZana will result in an immediate termination of your services.

2. Account Activation

2.1 anaZana AccountSubject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

2.2. Domain NamesUpon purchasing a domain name through anaZana, domain registration will be preset to automatically renew each year so long as your anaZana Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

​3. General Conditions

3.1. You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the Privacy Policy before you may become a member of anaZana.

3.2. Technical support is only provided to paying Account holders and is only available via email.

3.3. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California and the laws of USA applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

3.4. You acknowledge and agree that anaZana may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on anaZana’s website, available at https://www.anazana.com/us/terms-of-use and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to anaZana’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

3.5. You may not use the anaZana service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the USA and the State of California. You will comply with all applicable laws, rules and regulations in your use of the Service.

3.6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by anaZana.

3.7. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use anaZana or anaZana trademarks and/or variations and misspellings thereof.

3.8. Questions about the Terms of Service should be sent to support@anaZana.com.

3.9. You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

3.10. You acknowledge and agree that your use of the Service, including information transmitted to or stored by anaZana, is governed by its privacy policy at https://www.anazana.com/us/privacy-policy

3.11. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and anaZana’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.anazana.com/us/terms-of-use will prevail.

​4. anaZana Rights

4.1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

4.2. We reserve the right to refuse service to anyone for any reason at any time.

4.3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a website/store, or the Materials uploaded or posted to a website/store, violate these Terms of Service.

​4.4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any anaZana customer, anaZana employee, member, or officer will result in immediate Account termination.

​4.5. anaZana does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

4.6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that anaZana employees and contractors may also be anaZana customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

4.7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

4.8. anaZana retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, anaZana reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

​5. Limitation of Liability

5.1. You expressly understand and agree that anaZana shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

5.2. In no event shall anaZana or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, anaZana partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

​5.3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

5.4. anaZana does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5.5. anaZana does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

​5.6. anaZana does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

​6. Waiver and Complete Agreement

6.1. The failure of anaZana to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and anaZana and govern your use of the Service, superseding any prior agreements between you and anaZana (including, but not limited to, any prior versions of the Terms of Service).

7. Intellectual Property and Customer Content

7.1. We do not claim any intellectual property rights over the Materials you provide to the anaZana service. All Materials you upload remains yours. You can remove your anaZana store at any time by deleting your Account.

7.2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your website/store; (b) to allow anaZana to store, and in the case of Materials you post publicly, display, your Materials; and (c) that anaZana can, at any time, review all the Materials submitted to its Service, although anaZana is not obligated to do so.

7.3. You retain ownership over all Materials that you upload to a anaZana store; however, by making your website/store public, you agree to allow others to view Materials that you post publicly to your website/store. You are responsible for compliance of the Materials with any applicable laws or regulations.

​7.4. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any Materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

​7.5. anaZana shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your website/store to promote the Service.

8. Design Themes

8.1. You may establish the appearance of your anaZana website/store with a design template from anaZana (“a Theme”). If you choose a Theme, you are licensed to use it.

8.2. You may modify the Theme to suit your website/store. anaZana may add or modify the footer that refers to anaZana at its discretion. anaZana may modify the Theme or the Terms of Service. anaZana may modify the Theme to reflect technical changes and updates.

8.3. It is the responsibility of the user, and not anaZana, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.

​9. Payment of Fees

9.1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

​9.2. You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. anaZana will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and anaZana will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

​9.3. Subscription Fees are paid in advance (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at anaZana’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your anaZana administration console.

9.4. If we are not able to process payment of Fees using the Authorized Card, we will make attempts to process payment using the Authorized Card again. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. If the outstanding Fees remain unpaid for 60 days following the date of suspension, anaZana reserves the right to terminate your Account.

9.5. All Fees are exclusive of applicable federal, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

9.6. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of anaZana’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are not charged Taxes by anaZana, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

​9.7. You must maintain your current location in the administration menu of your anaZana store and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu.

​9.8. anaZana does not provide refunds.

10. Cancellation and Termination

10.1. You may cancel your Account at anytime by emailing support@anaZana.com and then following the specific instructions indicated to you in anaZana’s response.

​10.2. Upon termination of the Services by either party for any reason:- anaZana will cease providing you with the Services and you will no longer be able to access your Account;- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;- any outstanding balance owed to anaZana for your use of the Services through the effective date of such termination will immediately become due and payable in full;- and your website/store will be taken offline.

10.3. If you purchased a domain name through anaZana, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

10.4. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.We reserve the right to modify or terminate the anaZana Service or your Account for any reason, without notice at any time.

10.5. Fraud: Without limiting any other remedies, anaZana may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

​11. Modifications to the Service and Prices

11.1. Prices for using the Services are subject to change upon 30 days’ notice from anaZana. Such notice may be provided at any time by posting the changes to the anaZana Site (anaZana.com) or the administration menu of your anaZana website/store via an announcement.

11.2. anaZana reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

11.3. anaZana shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

12. Third Party Services

12.1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, anaZana’s partners or other third parties.

12.2. anaZana may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or anaZana’s websites is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, anaZana may receive a revenue share from Third Party Providers that anaZana recommends to you.

​12.3. We do not provide any warranties with respect to Third Party Services. You acknowledge that anaZana has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on anaZana’s websites, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with anaZana. anaZana does not guarantee the availability of Third Party Services and you acknowledge that anaZana may disable access to any Third Party Services at any time in its sole discretion and without notice to you. anaZana is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. anaZana strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.

​12.4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider.anaZana is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

12.5. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.

12.6. Under no circumstances shall anaZana be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if anaZana has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

12.7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, anaZana partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.​

​13. DMCA Notice and Takedown Procedure

13.1. anaZana supports the protection of intellectual property and asks anaZana users and merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send an e-mail notice to anaZana. Upon receiving a Notice, we may remove or disable access to the Materials claimed to be a copyright infringement.

14. Privacy & Data Protection

anaZana is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that anaZana’s collection, usage and disclosure of this personal information is governed by our Privacy Policy https://www.anazana.com/us/privacy-policy

anaZana Inc.600 W Broadway Ste 700San Diego, CA 92101USA

When Buying a domain(s) you agree with the​DOMAIN NAME REGISTRATION SERVICE AGREEMENT

This DOMAIN NAME REGISTRATION SERVICE AGREEMENT (“Agreement”) is made by and between anaZana Inc., a California corporation, (“Company”) and you and your heirs, agents, successors and assigns (collectively, “Customer”), and is made effective as of the date of acceptance. This agreement sets forth the terms and conditions of your use of Company’s domain name registration services (“Services”).

anaZana, Inc. (“Company”) provides the Services under this Agreement in conjunction with 101domain, Inc., an ICANN-Accredited Registrar (“101domain”). Your acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by these terms and conditions along with all other applicable 101domain agreements which are incorporated herein by reference.

The terms “we”, “us”, or “our” shall refer to Company. The terms “you”, “your”, “user”, or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Company reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to this website (“Site”). If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Services or the Site. Company may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. Company is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.

1. Generic Top Level Domain Name Registration101domain is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for generic top level domain names ("gTLDs") such as .com, .net, .org, .info, biz, .jobs, and more and various sponsored top-level domain names (“sTLDs”). Company provides the Services under this Agreement in conjunction with 101domain. 101domain may, at its sole discretion, accept registration applications in non-ASCII character languages such as Chinese, Korean, and more (“Internationalized Domain Names” or “IDNs”). ICANN oversees registrations and other aspects of gTLDs policies and operations of accredited registrars like 101domain. You acknowledge and agree that your rights to any domain names registered or renewed through 101domain are subject to the policies and regulations of ICANN, the related registry and various laws. You agree to abide by the terms in this Agreement to register and renew domain names as well as all terms and conditions of ICANN governing the registration or renewal of such domain names including, but not limited to, dispute resolution policies such as the Uniform Domain Name Dispute Resolution Policy (“UDRP”) or the Uniform Rapid Suspension Policy (“URS”) as well as all current and future policies related to those domain names including any WHOIS data policies.

Domain name registrations are not effective until the registry administrator (“Registry”) puts them into effect. For a list of Registries and for more information on TLDs, see http://www.icann.org/tlds/. Domain name registrations are created and renewed for specified terms, terms which end on the specified expiration date if not renewed. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry. You agree that we are not liable or responsible in any way for any errors, omissions, or any other actions by the Registry arising out of, or related to a request to register, renew, modify, transfer, or renew a domain name. The registration or renewal is only effective once the Registry creates the registration or accepts the renewal.

2. Country Code Top Level Domain Name RegistrationIn additional to gTLDs, sTLDS, and IDNs, Company also registers country code top-level domain names (“ccTLDs”). There are additional agreements that you must agree to should you desire to apply for registration of a domain name in any ccTLD. Each ccTLD Registry creates and enforces its own rules, regulations, policies and procedures governing various aspects of ccTLDs registered in their respective namespace or zone, including, but not limited to, dispute resolution policies which may be different than those promulgated by ICANN and WHOIS data policies which also may vary from ICANN’s WHOIS policies.

Links to information on each ccTLD Registry policy can be found here: http://www.iana.org/root-whois/.

When you register a ccTLD with Company or one of its subsidiaries or affiliates, you acknowledge and agree to, and are bound by, the respective ccTLD Registry’s rules, regulations, policies and procedures.

Company may publish portions of each ccTLD Registry’s policies on the Site, or portions thereof, including information on requirements, renewal policies, redemption policies, and other information from time to time. Company is not liable in any way whatsoever for any errors, omissions, or mistakes published on the Site. ccTLD Registry policies change from time to time and it is your responsibility to verify the rules, regulations, policies and procedures of each ccTLD Registry.

3. Premium Domain Name RegistrationYou acknowledge that Company provides premium domain name registration services (“Premium Domains”) on the Site under separate agreements with 3rd parties unrelated to Company (“3rd Party Services”). Company acts as an intermediary for the purchase of Premium Domains and Company is not responsible for the performance, completeness, correctness, or failure of the 3rd Party Services. Additionally, you agree to abide by the terms and conditions required by the 3rd parties for the use of the 3rd Party Services.

4. Domain Name Recovery & AcquisitionCompany may, from time to time, offer domain name recovery and acquisition services including, but not limited to, drop-catching, backordering, UDRP filing services, and anonymous acquisition negotiation (“Recovery Services”). You acknowledge that Recovery Services are non-refundable, at your own risk, and Company does not guarantee the success of any Recovery Services.

5. Pre-registration, Sunrise, and LandrushIn the event that Company makes pre-registration available for a gTLD, sTLD, IDN, or ccTLD whether in a sunrise, landrush, general pre-registration phases, or other pre-registration phrases, we do not guarantee the successful registration of a pre-registration application or your immediate access to the domain name if successfully secured. Company may use 3rd Party Services for pre-registrations. Pre-registration fees, setup fees, and application fees are strictly non-refundable regardless of success or outcome.

6. No Guarantee of Registration or RenewalNo domain registration under this Agreement shall be deemed effective until we deliver the domain name application or renewal application to the appropriate Registry and the Registry accepts your application and activates your domain name registration or renewal. Submitting your application to Company, and Company accepting Fees for your application, by itself does not constitute a successfully registered application or renewal.

You acknowledge that Company can never guarantee, and is in no way responsible, that the domain name you are applying for is not being applied for by another party or with another registrar, that there are no inaccuracies in the Registry’s WHOIS or other databases, that the search availability results are correct, or that there are errors, omissions, or inaccuracies that occur during the registration or renewal process which affect the result of your registration or renewal application.

You further acknowledge and agree that you are solely responsible for ensuring that your registration or renewal has been properly processed. Company may elect to accept or reject your application for registration or renewal at any time for any reason at its sole and absolute discretion, including, but not limited to, pricing errors, attempts to apply for domain names that are prohibited, improper, unavailable, infringe on 3rd party intellectual property or other rights, are questionable or violate any other agreements or terms and conditions with Company contained in this Agreement or other agreements. You also acknowledge and agree that Company is not liable or responsible in any way for errors, omissions, acts, inaccuracies related to the Site, or actions by any 3rd parties including any gTLD, sTLD, IDN, or ccTLD Registry arising out of your application or potential application for, and registration or renewal of, a particular domain name.

7. Your ObligationsYou acknowledge that Company does not check, unless it is explicitly required to do so by a Registry, to see whether the domain names you select, or your use of the domain name, or other services provided by Company or unrelated 3rd parties in relation to the domain name, infringes on the intellectual property or other legal rights of others, violates the rules, regulations, policies, or procedures of the respective Registry, or violates local, state, national or international laws. It is your sole responsibility to ensure that your application for registration or renewal, and subsequent use, of the domain name does not violate any of these terms.

You represent to Company that:

​You are at least 18 years of age and are legally capable of entering into this Agreement with Company;

You will not violate this Agreement and will comply with all local, state, national and international laws;

You will not use the Site or the Services for any unlawful purpose.

You will not represent yourself as another person or entity, or submit information on behalf of another person or entity without their express prior written consent;

You will not provide false, inaccurate, or incomplete information in your application for the Services;

You will maintain complete and accurate information with Company at all times in relation to the Services;

You will not violate 3rd party trade or service marks, copyrights, patents or other intellectual property rights;

Your use of the Services does not result in excess use of Company resources or overloading of Company DNS, server or network resources;

You will not use the Services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;

You will not conduct server hacking or promote hacking, cracking, or other cyber crimes or activities;

You will not deploy software or scripts to run on Company servers that cause overload of resources or threaten the stability of the network;

You will not disseminate or transmit SPAM email in violation of Company’s SPAM policy;

Company may terminate or suspend the Services at any time, at its sole discretion and without limitation, if it finds that you have violated any terms of this Agreement or other agreements with Company. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.

8. Domain Name RegistrantWhen applying for and registering a domain name with Company, you will be asked to designate a registrant for the domain name (“Registrant”). The Registrant is granted all rights under this Agreement to act in respect to the domain name and any other services obtained from Company in connection with the domain name, including, but not limited to, the authority to terminate, delete, transfer, renew, or otherwise modify the Services, or obtain additional services in relation to the domain name.

The Registrant is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information under this Agreement. A Registrant that licenses the use of a domain name shall accept liability for harm caused by wrongful use of the domain name, unless the Registrant discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing Registrant reasonable evidence of actionable harm.

If you, acting as the Account holder, are providing Registrant information on Registrant’s behalf, you represent that you have obtained consent from the Registrant and notice has been given to them sufficient to enter the terms of this Agreement on their behalf. Failure to do so it a material breach of this Agreement.

9. Administrative ContactWhen applying for and registering a domain name with Company, you will be asked to designate an administrative contact for the domain name (“Administrative Contact”) to confer certain rights to under this Agreement, including, but not limited to, purchasing additional services, transferring the domain name to another registrar where allowable by the applicable Registry, and updating the domain name settings. The Administrative Contact may be the same as the Registrant. The Registrant is responsible for all actions, errors or omissions of the Administrative Contact.

10. Trustee ServicesCompany may, from time to time, offer administrative, registrant, agent, or local presence services to you (“Trustee Services”) in connection with the Services under this Agreement. Trustee Services may grant certain rights, access, duties and responsibilities to the grantee (“Trustee”) with respect to the domain name. Trustee Services may designate another party as Registrant or Administrative Contact for your domain name, however, you retain all rights to the domain name granted to you under this Agreement until the termination of this Agreement, expiration, cancellation, or deletion of the domain name or transfer to another registrar, including the right to terminate the Trustee Agreement at any time.

In rare cases, for certain ccTLDs, the use of, and subscription to, our Trustee Services may be required in order for us to manage your domain name regardless of whether you are able to satisfy the Registry requirements (for example, including, but not limited to: .CW, .COM.AR, .EE, .RS, .AL, .BG, .GE, .COM.BN, .IQ, .SK, .CL, .SY). In these cases, the Site will clearly state this requirement.

By ordering Trustee Services, you agree to be bound by the terms of the Trustee Services Agreement, which are incorporated herein and made part of this Agreement by reference.

You may, at your complete and sole discretion, revoke such designation and Trustee Services without notice by submitting a request in writing to Company through the support ticket system or other written method. In no case will you be entitled to a refund in full or pro-rata for any part of the term of the Trustee Service not fulfilled.

11. Private RegistrationCompany may, from time to time, make available private registration services (“Private Registration Services”). Private Registration provides you with the option of registering a domain name in TLDs that allow such registration, in the name of a 3rd party whose contact information will be displayed in the public WHOIS database instead of your contact information. By ordering Private Registration Services, you agree to be bound by the terms of the Private Domain Registration Agreement, which is incorporated herein and made part of this Agreement by reference.

You may, at your complete and sole discretion, revoke such Private Registration Service without notice by submitting a request in writing to Company through the support ticket system or other written method. In no case, will you be entitled to a refund in full or pro-rata, for any part of the term of the Private Registration Services not fulfilled.

12. IDNs, Accuracy and Functionality of non-Latin CharactersYou acknowledge and agree that Company cannot guarantee the accuracy and functionality of non-ASCII character languages such as Chinese, Korean, and more (“Internationalized Domain Names” or “IDNs”). Company cannot guarantee that IDNs will be accessible by internet users or that they will be translated properly by the internationalized domain name system into readable punycode. Further, Company makes available on the Site translation tools provided by 3rd parties such as Google and that these tools are treated as 3rd Party Services under your agreements with Company. Company will in no way be liable for the use of 3rd Party Services used for translation. Company will also not be liable for suspension, modification, or cancellation of your IDNs in order to comply with current or future ICANN or the Internet Engineering Task Force (“IETF”) rules, regulations, or technical standards that apply to IDN registrations or renewals.

13. Website forwardingCompany offers website forwarding services (“Website Forwarding”) which allow you to forward visitor traffic intended for your domain name to another destination on the internet. You acknowledge that you may not use Website Forwarding for unlawful purposes or for any purpose which violates the terms of this Agreement or any other agreement with Company.

14. Parking PagesBy default, Company activates domain names to point to our default parking page (“Site Announcement Page”). We may modify the Site Announcement Page at any time, without prior notice and may include on the page advertisements, links to additional Company services, or 3rd Party Services, or other pages. If you do not want your domain name pointed to our Site Announcement Page, you may change the DNS settings of your domain name at any time.

15. Hosting and Email ServicesCompany offers hosting and email services for domain names registered under this Agreement which give you the ability to publish a website on your domain name and/or use its email systems for sending and receiving email messages. By ordering Hosting or Email Services, you agree to be bound by the terms of the Unified Hosting Agreement and/or the Unified Email Services Agreement, which are incorporated herein and made part of this Agreement by reference.

16. SSL CertificatesCompany offers SSL Certificates which are secure socket layer certificates for use with your domain name. These SSL Certificates are issued by 3rd Parties and are considered 3rd Party Services under your agreements with Company. Company is not a Certificate Authority with respect to SSL Certificates. By ordering SSL Certificates through Company, you agree to be bound by the terms of the SSL Certificate Service Agreement, which are incorporated herein and made part of this Agreement by reference.

17. TransfersYou are able to transfer domain names to or from Company according to the terms and transfer policies of the respective Registry for the TLD of the domain name you wish to transfer. Each Registry has its own unique transfer policy which Company adheres to. For all TLDs under ICANN sponsorship, you may find more information on the transfer policy that Company is required to follow for all TLDs under ICANN sponsorship here: http://www.icann.org/en/resources/registrars/transfers

In order to determine who the sponsoring registrar currently is for your domain name, please visit: http://www.internic.net/whois.html

In order to protect your domain names, we place a transfer lock on domain names in many TLDs automatically when they are registered or renewed with us. In order to transfer to another registrar, you must remove this transfer lock. You are able to do this from your account on the Site.

If you purchased Trustee Services or Private Registration Services from Company when registering or renewing the domain name you would like to transfer out, we must cancel these services, and you are required to replace any of our information, documentation, or our Trustee’s information and/or documentation in relation to these services with your own information, before the transfer out will be approved by us.

You acknowledge that when canceling these services, this action may qualify as an ownership change or other update to the domain name which may incur additional fees or require you to renew the domain name with us prior to transferring the domain name to another registrar. There will be no refund for partially fulfilled terms for Trustee Services or Private Registration Services.​In no event, shall Company be liable for the failure of a transfer or loss of your domain name if the transfer is initiated close to the end of the registration term, the transfer is not approved by the Registrant or Administrative Contact of the domain name, the Fees for the Service remain unpaid or are in dispute, or any other reason outlined in ICANN or the Registry’s transfer policies.

18. FeesAll Services under this Agreement are provided on a pre-paid or advanced basis.

The fees imposed by Company under this Agreement are subject to change at any time, without notice, at the sole discretion of Company. Such change shall be posted to the Site, with or without notice, and are effective as of the date of publication.

All fees under this Agreement are non-refundable, in whole or in part, unless the application for domain name registration or renewal is rejected due to the following reasons, regardless of whether the domain name is suspended, terminated, cancelled, or transferred:

(a) the domain name is unavailable because it is already registered to another party, prohibited by the Registry’s policies, or prohibited due to the violation of terms found in this Agreement or the Master Service Agreement;(b) Requirements to register the domain name imposed by the Registry or Company are not able to be met by you; or (c) the TLD in which the domain name belongs has been discontinued, restricted due to OFAC or other government regulations or is no longer offered by Company.Company reserves the right to charge a processing fee or setup fee in the case that you submit a domain name registration or renewal application and disregard, ignore, overlook, mistake, or attempt to otherwise circumvent, the requirements imposed by the Registry or Company which cause your application to be incomplete or rejected.

Additionally, Company reserves the right to charge processing fees for modifications (“Modification Fees”) to your domain name, including, but not limited to, DNS changes, Contact information changes to WHOIS information, and web forwarding changes. Generally, Modification Fees are not charged in relation to gTLDs, sTLDs, and IDNs under ICANN sponsorship. Modification Fees are common in relation to many ccTLDs and Company will confirm the amount of the Modification Fees with you prior to making any modifications

19. Renewal and Expiration of Services​You acknowledge that, even though Company may provide an auto-renewal service for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date.

With respect to domain name registration services, we will send at least two expiration notices to the primary email address of the Account holder and the Registrant email address on record prior to expiration beginning 60 days in advance of expiration. In addition, if the domain name expires, we will send a final expiration notice within five (5) days after expiration.

If you ordered additional services, including, but not limited to, Trustee Services, Private Registration Services, or any other services from Company in conjunction with a domain name under this Agreement, those services shall be renewed at the same time as your domain name.

For certain ccTLDs, the due date of your Renewal Fees may be up to 60 days prior to the expiration date of the underlying domain name registration. Certain Registries require renewal up to 60 days in advance of the domain name expiration date. It is your responsibility to pay for your Renewal Fees in advance of the due date specified by Company regardless of the domain name expiration date. Failure to pay your Renewal Fees prior to the due date may result in additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name according to the ccTLD registry’s respective policy.

Additionally, you acknowledge that payment of certain ccTLDs exactly on the due date may also incur additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name.

Company is not liable for your failure to pay the Renewal Fees prior to the due date specified by Company.

Immediately after the expiration of a domain name and before the deletion of the domain name in the applicable Registry's database, you acknowledge that Company may direct the domain name to name servers and/or IP addresses designated by us, including, without limitation, to no IP address or to an IP address which hosts a parking page or a search engine page that may display advertisements or other content, and you acknowledge that we may either leave your information intact or that we may change your information for the expired domain name so that you are no longer the listed as the Registrant or Administrative Contact of the expired domain name.

Renewal and Redemption Process for TLDs under ICANN Sponsorship: For a period of 44 days after the expiration of the term of your domain name, you acknowledge that Company may provide a procedure by which your expired domain name may be renewed. You acknowledge and agree that Company may, but is not obligated to, offer this process, called the Renewal Period (“RP”). You acknowledge that you assume all risks and all consequences if you wait until close to, or after, the expiration of the original term of the domain name, to attempt to renew the domain name. You acknowledge and agree that we may make expired domain names available to third parties and that expired domain names may be re-registered to any party at any time. After the RP, you acknowledge that all gTLD registries, with the exception of sponsored gTLD registries, must provide a 30 day Redemption Grace Period (“RGP”) immediately following the RP during which you may pay Company a redemption fee to redeem and renew your domain name. The RGP fee charged by Company is $150.00 USD equivalent plus any applicable registration or renewal fees. You agree that we are not obliged to contact you to alert you that the Services are being terminated if you choose not to pay this fee. After the end of the RGP, if you do not exercise your rights under this section, you agree that you have abandoned the domain name, and relinquish all rights to, and use of, the domain name.

You acknowledge that the renewal, redemption, and restoration processes available from ccTLD Registries are varied and are subject to each respective Registry’s policies and procedures. In any case, Company may or may not provide access to these processes, at its sole and absolute discretion. In any case, the fee charged by Company is $150.00 USD equivalent plus any applicable registration or renewal fees for all ccTLDs paid after the due date if any Redemption Period, Redemption Grace Period, reactivation or restoration process is available from the ccTLD Registry.

20. Auto-Renewal​You acknowledge that, even though Company may provide an auto-renewal service to you for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for the Services prior to the due date, including any services provided for under the Master Service Agreement or any other agreement with Company. Company is in no way liable or responsible for failure of the auto-renewal service to pay your Renewal Fees to renew the Services by the due date.

21. Dispute PoliciesAs a condition to entering into this Agreement with Company, you must agree to the Registry’s policies and procedures for the applicable TLD for which you are submitting an application for domain name registration or renewal, and if applicable, the policies and procedures of ICANN. As such, you agree to be governed by the dispute resolution policies adopted and promulgated by each respective Registry which you enter into an agreement with under this Agreement.

By entering into this Agreement by submitting an application to us for any TLD under ICANN’s sponsorship, you agree to be bound by the terms of ICANN’s UDRP and URS Policies, which are incorporated herein and made part of this Agreement by reference.

22. Up to Date Information and its Use​You agree to provide current, complete, and accurate information about you, both with respect to your account information with Company (“Account”) and with respect to the WHOIS information for your domain names under this Agreement. You agree to maintain and update this information within seven (7) days of change as needed to keep it current, complete, and accurate. With respect to the administrative, technical, and billing contacts for your domain names, you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you acknowledge that, if you do not provide the newly required information, your Services under this Agreement may be suspended or terminated or may not be renewed. Failure to provide complete and accurate information may prevent you from obtaining the Services. You may provide information regarding the name servers assigned to your domain names and, if we are providing name server services to you, the DNS settings for the domain name. If you do not provide complete name server information, you agree that we may supply this information for you (and point your domain name to a website or IP address of our choosing) until such time as you elect to supply name server information.

You further agree that 101domain shall publish a public WHOIS database, as required by ICANN and various Registries as part of their adopted WHOIS policies, containing the information you provide above in relation to this Agreement. Our WHOIS database (http://www.101domain.com/whois_search.htm) may publish information beyond many Registry requirements. You understand and acknowledge that a number of Registries, such as CIRA and Nominet, limit your information to be publicly displayed in their WHOIS databases; 101domain’s public WHOIS database does not. You acknowledge and agree that we will make available the Account information that you provide or that we otherwise maintain to the following parties: ICANN, various Registries, and other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name under this Agreement. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN, or various Registries, may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available some, or all, of the information you provide, for purposes of inspection (such as through the WHOIS service), and other purposes as required or permitted by applicable laws.

You agree that your willful submission of inaccurate or unreliable information, failure to update your information within seven (7) days or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including suspension, cancellation or deletion of the domain name, under this Agreement.

You understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding your domain name or other related services, you may lose your rights to the domain name or your right to receive the Services if you do not respond appropriately to an email sent in conjunction therewith.

23. Ownership of Information and DataYou agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our databases, and all information and derivative works generated from the databases.

In regards to the Services, you agree and acknowledge that Company and each respective Registry who provide the Services, owns the following information for those Services: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Services, other than the domain name being registered, the IP addresses of the primary name server and any secondary name servers for the domain name, and the corresponding names of those name servers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

24. Term and TerminationThis Agreement shall commence on the first day that Services are paid and applied for and shall remain in force continuously and uninterrupted so long as your Services are active.

You may terminate this Agreement at any time without written notice. To terminate this Agreement, you must contact support and request termination. Upon termination, Company shall terminate the Services. You acknowledge that Company is required to retain certain records and information related to your Services according to local, state, country and international laws and will archive the information only as it is legally required to do so for this limited purpose.

Company reserves the right to stop offering registration or renewal Services for any gTLD, sTLD, IDN, or ccTLD offered under this Agreement at any time. In such case that Company stops offering the Services, you shall have the right to transfer the domain name to another registrar if this option is available. Company shall not be liable in any way for its decision to stop offering the registration and renewal Services.

You agree that your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of your Account information and WHOIS contact information or violations of any terms of this Agreement shall constitute a material breach of this Agreement and will be sufficient basis for suspension, cancellation, or termination of the domain name registration Services, including cancellation and deletion of the domain name, under this Agreement.

25. Additional RightsCompany expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify the Services provided under this Agreement, including cancellation and deletion of the domain name, or any other agreement with Company for any reason, at its sole and absolute discretion, including, but not limited to the following: (i) to correct mistakes made in the offering and sale of the Services; (ii) to protect the stability of the Services and Company’s systems; (iii) to address fraud and abuse issues; (iv) to comply with local, state, national, international laws, rules and regulations; (v) to comply with requests of law enforcement; (vi) to comply with a dispute resolution process; or (vii) to avoid any civil or criminal liability.

26. IndemnificationYou agree to release, defend, indemnify and hold harmless Company, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to this Agreement, the Services provided hereunder by Company, the Site or your account manager, your Account with Company, your use of the Services, and/or disputes arising in connection with the Services.

If we are sued or threatened with legal action in connection with Services provided to you under this Agreement, you agree to release, defend, indemnify and hold harmless Company and under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter. Such deposit will be held in trust with a licensed attorney and will be drawn down as expenses are incurred, with all account notices sent to the primary contact information provided in your Account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to deposit such funds. We will return any unused deposit upon the later of one year from deposit or the legal conclusion of the matter.

You further agree to indemnify, defend, and hold harmless 101domain, applicable Registry operators (including, but not limited to, VeriSign Inc., Neustar, Inc., Public Interest Registry, Afilias Limited, Cocca, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties' directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages, and reasonable legal fees and expenses) arising out of, or related to, the Services you are obtaining from us.

27. Warranty DisclaimerCompany, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE SITE OR ANY WEB SITES LINKED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT FOR OUR STATEMENT REGARDING ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRAR. ALL SERVICES, AS WELL AS THE SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO, AND USE OF, Company’S SERVICES AND ITS SITE ARE ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Company, ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS SUCH. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

28. Limitations of LiabilityYOU AGREE THAT Company WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU ALSO AGREE THAT Company WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 3 MONTHS OF SERVICES PAID FOR UNDER THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

29. GeneralYou may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder, in whole or in part, by operation of law or otherwise, to any third party without the prior written consent of Company. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.

Company reserves the right, in its sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and without notice. Any such changes or modification shall be effective immediately upon posting to the Site. If you do not agree to be bound by this Agreement as last revised as indicated by the “Last Revised” date located at the bottom of this Agreement, do not use or continue to use the Services. You agree that your exclusive remedy is to transfer your Services to another registrar or request us to terminate your Services under this Agreement. Company may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your account information current and up to date. Company is not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.

This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.

30. NoticesYou agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or WHOIS information you have provided.

31. Contact Information​If you have any questions or concerns about anything found in this Agreement or other agreements with Company, please contact us by regular mail, courier, or email to the following address:

Governing LawThis Agreement and its subject matter shall be governed in accordance with the laws of the State of California without regard to conflict of laws and principles contained therein with the exception of disputes related to this Domain Name Registration Agreement which fall under UDRP, URS or similar dispute resolution process as defined by various Registry policies incorporated or made reference to herein.

THE FOLLOWING ICANN-ACCREDITED REGISTRARS ARE REFERENCED IN THIS DOCUMENT: 101domain, Inc.LINKS to follow: